Menu

H-1B Employer’s compliance with Posting Requirements of an LCA Notice of Filing

LCA Notice of Filing – Key Facts An employer who is in process of employing H-1B workers, upon filing of Labor Condition Application (“LCA”) Form ETA 9035 or 9035E must: Provide notice of filing to the bargaining representative, if a Union exists in the employer’s business. Post the notice of filing in two or more …

Read moreH-1B Employer’s compliance with Posting Requirements of an LCA Notice of Filing

Labor Condition Application (LCA) – Key Facts

LCA Key Facts Employer (“Petitioner”) must obtain a certification from Department of Labor (“DOL”) that it has filed a Labor Condition Application (“LCA”) in the occupational specialty. Before an H-l B petition can be filed the employer must obtain certification of an LCA. The employer must have a valid Federal Employment Identification Number (“FEIN”) in …

Read moreLabor Condition Application (LCA) – Key Facts

Termination of H-1B Employee – Is it bonafide?

What constitutes proper termination of an H-1B employee? Termination and layoff of H-1B employees often put forth questions as to whether the termination was bonafide. H-1B regulations can impose strict penalties on employers for not properly terminating employees, resulting in unnecessary legal battles and costs, and possible future disqualification from the H-1B program for the …

Read moreTermination of H-1B Employee – Is it bonafide?

H1B Amendment : When should it be filed?

H-1B Amendment Key Facts H-1B employer (petitioner) must file an amended or new petition, where any material changes have occurred–in the terms and conditions of employment or training or the H-1B employee’s (beneficiary’s)eligibility–from what was specified in the original approved petition. A new Labor Condition Application (“LCA”) reflecting the material change must be filed along …

Read moreH1B Amendment : When should it be filed?